The Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2004

Additional content of claim notice

4.  A claim notice(1) shall contain (in addition to the particulars required by subsections (2) to (7) of section 80 (contents of claim notice) of the 2002 Act)—

(a) a statement that a person who—

(i) does not dispute the RTM’s company’s entitlement to acquire the right to manage(2); and

(ii) is the manager party under a management contract(3) subsisting immediately before the date specified in the claim notice under section 80(6) of the 2002 Act,

must, in accordance with section 92 (duties to give notice of contracts) of the 2002 Act, give a notice in relation to the contract to the person who is the contractor party(4) in relation to the contract and to the RTM company;

(b) a statement that, from the acquisition date(5), landlords under leases of the whole or any part of the premises to which the claim notice relates are entitled to be members of the RTM company;

(c) a statement that the notice is not invalidated by any inaccuracy in any of the particulars required by section 80(2) to (7) of the 2002 Act or this regulation, but that a person who is of the opinion that any of the particulars contained in the claim notice are inaccurate may—

(i) identify the particulars in question to the RTM company by which the notice was given; and

(ii) indicate the respects in which they are considered to be inaccurate;

(d) a statement that a person who receives the notice but does not fully understand its purpose, is advised to seek professional help; and

(e) the information provided in the notes to the form set out in Schedule 2 to these Regulations.

(1)

See section 79(1) of the Commonhold and Leasehold Reform Act 2002.

(2)

As to the circumstances in which there is no dispute about entitlement, see section 90(3) of the Commonhold and Leasehold Reform Act 2002.

(3)

As to “manager party” see section 91(2) and (4) of the Commonhold and Leasehold Reform Act 2002. As to “management contract” see section 91(2) of that Act.

(4)

As to “contractor party” see section 91(2)(b) of the Commonhold and Leasehold Reform Act 2002.

(5)

See sections 74(1)(b) and 90 of the Commonhold and Leasehold Reform Act 2002.